previous political opinions and affiliations” and is intended to ensure that applicants “adhere to
and have knowledge of Islam, follow the theory of Velayat-e-faqih (rule of an Islamic jurist
under Shi’ite Islam) and are loyal to the Islamic Republic of Iran.”20 Not only is gozinesh in
contradiction of Article 23 of the Constitution, it also bars minorities or anyone who are unable
or unwilling to accept these requirements from seeking employment in the public sector.21
Members of religious and ethnic minorities have reportedly been the target of denial of
employment in the Islamic Republic of Iran.22 23 For example, members of the Yarsan
community reported the denial of public sector jobs through the application of gozinesh
requirements. 24 25
Reports have shown that religious minorities in the Islamic Republic of Iran face human rights
violations such as arbitrary deprivation of life and extrajudicial executions, a disproportionate
number of executions on national security-related charges; arbitrary arrests and detention in
connection with range of peaceful activities, incitement to hatred, forced closure of businesses
and discriminatory practices and denial of employment and restrictions on access to education
and other basic services.26 A new rule proclaimed in January 2020, will only allow citizens to
register as one of the country’s recognized religions to the state-issued National Identity Card—
which is required for almost all government and other transactions. 27
With regard to apostasy, in a previous draft of the Islamic Penal Code (2013), Article 225 was
aiming at making death penalty mandatory for convicted male apostates, or the crime of ertedad
(apostasy). The draft article was withdrawn before the adoption of the revised Islamic Penal
Code in 2013 and Iranian law does not expressly criminalize conversion from Islam to another
religion28. However, under Article 220 of the Islamic Penal Code and Article 167 of the Iranian
Constitution, a judge may refer to Islamic law to rule on crimes not explicitly defined in the law.
As apostasy is considered as a hadd offence (a crime for which a fixed punishment is derived
20
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
21
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
22
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
23
Baha’i International Community, Submission to the Universal Periodic Review of Iran, 2019,
https://undocs.org/A/HRC/WG.6/34/IRN/3
24
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
25
Center for Human Rights in Iran, www.iranhumanrights.org/2017/05/most-yarsani-religious-minority-candidates-disqualifiedfrom-irans-2017-councils-elections/
26
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019,
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
27
Center for Human Rights in Iran, https://www.iranhumanrights.org/2020/01/bahais-unrecognized-minorities-in-iran-must-nowhide-religion-to-obtain-government-id/
28
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documentation
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
<https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf>
4